No. Representing both parties in a divorce proceeding is a conflict of interest.

One of the first questions people ask when hiring a divorce or family law attorney is how much it will cost. While we cannot guarantee what your total cost will be (it depends on your own individual facts and circumstances). Van Wyhe Law Firm hourly fees are $325 for attorneys and $145 for paralegals. We require a retainer payment to be made at the first client meeting. The retainer amount that has to be paid up front is generally between $3,000 and $6,000. For more information see our MN Divorce Lawyer Blog post discussing attorneys fees.

Yes. The judge does not need to make a determination of fault or decide who was wrong to award a divorce in Minnesota. The judge will, however, need to make a finding that the marriage is irretrievably broken.

In Minnesota child support is composed of three elements: (1) basic child support; (2) work-related or education-related childcare costs, and; (3) medical and dental insurance expenses, including both the premium cost of the insurance and the cost of uninsured or unreimbursed medical expenses. The Minnesota Department of Human Services has an online calculator that can be used to provide an estimate of child support obligations. Note this calculator is informational and for educational use only. There are many facts and circumstances that affect child support, to accurately determine the correct amount of child support for your case you should consult with a family law attorney.

MN DHS Child Support Calculator

Yes. In general, in order for a divorce to be granted in Minnesota, one of the parties must have resided in the state (or have been a member of the armed services stationed in the state) for not less than 180 days immediately prior to the commencement of the proceeding, or; one of the parties must have been a domiciliary of the state for not less than 180 days prior to the commencement of the proceeding. See Minn. Statutes Section 518.07(1)(2024). However, in certain circumstances, a non resident may file for divorce in Minnesota if the civil marriage was performed in Minnesota and neither party resides in a jurisdiction that will maintain an action for divorce by the parties because of the sex or sexual orientation of the spouses. See Minnesota Statues Section 518.07(2)(2024).

“legal custody” means the right to make decisions about a children’s upbringing including education, health care and religious training. See Minnesota Statutes Section 518.003(3) (2024). Sole legal custody means that one parent has the exclusive right to make these decisions. Joint legal custody means that both parents share in making these decisions.

“physical custody” means providing for the routine daily care and control of the child, i.e. the day to day residence of the child. See Minnesota Statutes Section 518.003(3)(2024). Sole physical custody means that one parent provides the child’s primary residence. Joint physical custody means that daily care and the residence of the child are structured between both parents. Joint physical custody does not require an absolutely equal division of time.

Minnesota courts consider a variety of factors depending on the circumstances of each family. The primary consideration is making sure the best interests of the child(ren) are met. The statutory factors the court must consider in making a best interests determination are outlined in Minnesota Statutes Section 518.17(1)(a) (2024) which provides –

1. a child’s physical, emotional, cultural, spiritual, and other needs, and the effect of the proposed arrangements on the child’s needs and development;
2. any special medical, mental health, developmental disability, or educational needs that the child may have that may require special parenting arrangements or access to recommended services;
3. the reasonable preference of the child, if the court deems the child to be of sufficient ability, age, and maturity to express an independent, reliable preference;
4. whether domestic abuse, as defined in section 518B.01, has occurred in the parents’ or either parent’s household or relationship; the nature and context of the domestic abuse; and the implications of the domestic abuse for parenting and for the child’s safety, well-being, and developmental needs;
5. any physical, mental, or chemical health issue of a parent that affects the child’s safety or developmental needs;
6. the history and nature of each parent’s participation in providing care for the child;
7. the willingness and ability of each parent to provide ongoing care for the child; to meet the child’s ongoing developmental, emotional, spiritual, and cultural needs; and to maintain consistency and follow through with parenting time;
8. the effect on the child’s well-being and development of changes to home, school, and community;
9. the effect of the proposed arrangements on the ongoing relationships between the child and each parent, siblings, and other significant persons in the child’s life;
10. the benefit to the child in maximizing parenting time with both parents and the detriment to the child in limiting parenting time with either parent;
11. except in cases in which domestic abuse as described in clause (4) has occurred, the disposition of each parent to support the child’s relationship with the other parent and to encourage and permit frequent and continuing contact between the child and the other parent; and
12. the willingness and ability of parents to cooperate in the rearing of their child; to maximize sharing information and minimize exposure of the child to parental conflict; and to utilize methods for resolving disputes regarding any major decision concerning the life of the child.

The court may not use one of the above factors to the exclusion of all others, and the court must consider that factors may be interrelated. Additionally, the court will not consider conduct of a party that does not affect the party’s relationship with the child.

Generally, parents will rotate holidays with the children so that the children are able to spend equal time in both parents homes. For more information see our MN Divorce Lawyer Blog post discussing holiday parenting time schedules and providing printable forms.

Joint physical custody generally means that the children spend a relatively equal number of overnights in each parent’s home. Schedules for parenting time vary depending on the age of the children and the individual facts and circumstances of your case. One of the more popular schedules involves the children rotating between the parents homes on a week on week off basis (with the possibility of a mid week visit for the noncustodial parent on Wednesdays for a couple of hours). To see other parenting time schedule options see our MN Divorce Lawyer Blog post discussing a 5/5/2/2 schedule and a 2/2/3 schedule.

In Minnesota, pension benefits acquired during the marriage are generally considered marital property and are subject to division upon dissolution, unless specifically prohibited by statute. The court can assign retirement benefits as part of the property division in either periodic payments or a fixed dollar amount. The preferred method (when there are sufficient assets to do so) is for the Court to appoint an actuary to determine the present value of the pension and award it to the employee spouse – while awarding the non-employee spouse other assets of equal present value. When there are not sufficient assets to award the employee spouse the present value without causing undue hardship, then the Court will determine a fixed percentage of future pension benefits to be paid to the non-employee spouse when the employee spouse begins receiving the pension.

Van Wyhe Law Firm has two convenient office locations –

202 W. Bridge Street, Ste. 304 Owatonna, MN 55060 & 318 1st Ave SW Rochester, MN 55902

Yes, we frequently schedule appointments via Zoom.